E. Settlements
Settlements are negotiated between injured people and insurance companies, for the most part. Insurance companies exist for no other reason than to insure risks and pay claims that are covered by the policies. They “collect premiums” based on risk, which is to say they bet on how likely it is that an accident will happen, and on how big the claim will be if it does happen. That's called underwriting claims and issuing policies. Private indiividuals, government agencies, and self-insured corporations are difficult to settle with, since they have to pay out of pocket. So if there is no insurance coverage available for an injury, a settlement can often be difficult to obtain.
The value of a settlement will depend on the answers to several questions:
Who was injured?
Who was responsible?
Was the injury permanent?
Was the injury severe?
Was the injury recorded on film or video?
Is the injury still visible?
Was there an emergency visit?
Was there a prompt visit to a doctor after the injury?
Does the medical record confirm a serious injury?
Does the medical record establish liability of the person who caused the injury?
Were there medical expenses in a large amount?
Are there witnesses to the cause of the injury?
Is the victim a sympathetic victim?
Is there insurance coverage?
What is the amount of the insurance coverage?
Has the statute of limitations been complied with?
Is the victim's attorney known to be skilled in handling this type of injury?
Will any trial take place in a location known for giving generous verdicts?
Are there other victims of this same accident or product?
You can probably figure out for yourself which way these factors tend to cut, and your lawyer will consider them intuitively as she works toward a settlement. Still, you might print out this list and go over it when you talk with your lawyer. It would show you for a smart client. In some cases, injuries to intelligent people are worth more. And smart people are often more fun to represent, better able to remember important facts, to produce helpful friends as witnesses, to provide better documentation of their claims. Besides, the lawyer might even think of something they might not otherwise have.
>> Go To Trials
By Charles Carreon
The value of a settlement will depend on the answers to several questions:
Who was injured?
Who was responsible?
Was the injury permanent?
Was the injury severe?
Was the injury recorded on film or video?
Is the injury still visible?
Was there an emergency visit?
Was there a prompt visit to a doctor after the injury?
Does the medical record confirm a serious injury?
Does the medical record establish liability of the person who caused the injury?
Were there medical expenses in a large amount?
Are there witnesses to the cause of the injury?
Is the victim a sympathetic victim?
Is there insurance coverage?
What is the amount of the insurance coverage?
Has the statute of limitations been complied with?
Is the victim's attorney known to be skilled in handling this type of injury?
Will any trial take place in a location known for giving generous verdicts?
Are there other victims of this same accident or product?
You can probably figure out for yourself which way these factors tend to cut, and your lawyer will consider them intuitively as she works toward a settlement. Still, you might print out this list and go over it when you talk with your lawyer. It would show you for a smart client. In some cases, injuries to intelligent people are worth more. And smart people are often more fun to represent, better able to remember important facts, to produce helpful friends as witnesses, to provide better documentation of their claims. Besides, the lawyer might even think of something they might not otherwise have.
>> Go To Trials
By Charles Carreon